State Supreme Court Justice F. Dana Winslow in Mineola ruled in favor of the mall developer, Taubman Centers Inc., which had organized a petition drive to force a referendum on the $32.5 million sale to developers who promised to build a mixed-use facility.

Winslow ruled last week that Taubman, which has said it would pay more for the land, had submitted 4,976 "facially valid" signatures on a petition seeking the referendum after they were reviewed by the Nassau County Board of Elections. Taubman needed 4,599 valid signatures to force the vote.

Monday, the judge dismissed the remaining objection in the lawsuit filed by opponents -- that the wording of the petition itself and the statements made by canvassers to get signatures constituted fraud.

Winslow vacated his temporary restraining order, and the residents who had filed the lawsuit said there were no plans to appeal.

"The public will now have the opportunity to learn all the facts surrounding the town's noncompetitive land sale," to Oyster Bay Realty LLC, said Kyle Sklerov, spokesman for Long Island Jobs Now, created by Taubman to push for the mall stymied for 18 years. "When budgets are tight, it's imperative that people understand that the town could be missing out on millions of dollars."

Todd Fabricant, head of the Cerro Wire Coalition fighting the mall, said his group has prepared "a full-court press to inspire the residents to vote yes."

Supervisor John Venditto said the referendum would give "our residents a full and fair opportunity to vote yes and once again stop Taubman's misguided efforts."

A separate lawsuit by Taubman seeking to block the sale is proceeding in State Supreme Court in Riverhead.